Bill Text: FL H0283 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Seaports

Spectrum: Slight Partisan Bill (Republican 50-17-4)

Status: (Engrossed - Dead) 2011-05-04 - Concurred in 1 amendment(s) (578592) -HJ 1142, 1143 [H0283 Detail]

Download: Florida-2011-H0283-Introduced.html

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HB 283

1	A bill to be entitled
2	An act relating to seaport security; amending s. 311.12,
3	F.S.; deleting provisions relating to statewide minimum
4	standards for seaport security; deleting provisions
5	authorizing the Department of Law Enforcement to exempt
6	all or part of a seaport from specified requirements in
7	certain circumstances; revising provisions relating to
8	seaport security plans; revising requirements for certain
9	secure or restricted areas; deleting provisions requiring
10	that the Department of Law Enforcement administer a
11	statewide seaport access eligibility reporting system;
12	deleting provisions requiring that persons seeking
13	authorization to access secure and restricted areas of a
14	seaport execute an affidavit; prohibiting a seaport from
15	charging any fee for administration or production of
16	access control credentials that require or are associated
17	with a fingerprint-based background check, in addition to
18	the fee for the federal TWIC; providing for issuance of
19	seaport-specific access credentials; deleting provisions
20	requiring fingerprint-based state criminal history checks
21	on seaport employee applicants, current employees, and
22	other authorized persons; deleting provisions authorizing
23	waivers from security requirements in certain
24	circumstances; revising provisions relating to
25	inspections; revising reporting requirements; revising the
26	parties that determine the allocation of appropriated
27	funds for security project needs; amending ss. 311.121,
28	311.123, and 311.124, F.S.; conforming provisions to
29	changes made by the act; repealing s. 311.115, F.S.,
30	relating to the Seaport Security Standards Advisory
31	Council; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Section 311.12, Florida Statutes, is amended to
36	read:
37	311.12  Seaport security.-
38	(1)  SECURITY STANDARDS.-
39	(a)  The statewide minimum standards for seaport security
40	applicable to seaports listed in s. 311.09 shall be those based
41	on the Florida Seaport Security Assessment 2000 and set forth in
42	the Port Security Standards Compliance Plan delivered to the
43	Speaker of the House of Representatives and the President of the
44	Senate on December 11, 2000. The Office of Drug Control within
45	the Executive Office of the Governor shall maintain a sufficient
46	number of copies of the standards at its offices for
47	distribution to the public and provide copies to each affected
48	seaport upon request.
49	(a)(b)  A seaport may implement security measures that are
50	more stringent, more extensive, or supplemental to the
51	applicable federal security regulations, including federal
52	facility security assessment requirements under 33 C.F.R. s.
53	105.305 minimum security standards established  by this
54	subsection.
55	(b)(c)  The provisions of s. 790.251 are not superseded,
56	preempted, or otherwise modified in any way by the provisions of
57	this section.
58	(2)  EXEMPTION.-The Department of Law Enforcement may
59	exempt all or part of a seaport listed in s. 311.09 from the
60	requirements of this section if the department determines that
61	activity associated with the use of the seaport or part of the
62	seaport is not vulnerable to criminal activity or terrorism. The
63	department shall periodically review such exemptions to
64	determine if there is a change in use. Such change may warrant
65	removal of all or part of the exemption.
66	(2)(3)  SECURITY PLAN.-
67	(a)  Each seaport listed in s. 311.09 shall adopt and
68	maintain a security plan specific to that seaport which provides
69	for a secure seaport infrastructure that promotes the safety and
70	security of state residents and visitors and the flow of
71	legitimate trade and travel.
72	(b)(a)  Each seaport Every 5 years after January 1, 2007,
73	each seaport director, with the assistance of the Regional
74	Domestic Security Task Force and in conjunction with the United
75	States Coast Guard, shall periodically revise the seaport's
76	security plan based on the seaport's director's ongoing
77	assessment of security risks, the risks of terrorist activities,
78	and the specific and identifiable needs of the seaport for
79	ensuring that the seaport is in substantial compliance with
80	applicable federal security regulations, including federal
81	facility security assessment requirements under 33 C.F.R. s.
82	105.305 the minimum security standards established under
83	subsection (1).
84	(b)  Each adopted or revised security plan must be reviewed
85	and approved by the Office of Drug Control and the Department of
86	Law Enforcement for compliance with federal facility security
87	assessment requirements under 33 C.F.R. s. 105.305 and the
88	minimum security standards established under subsection (1).
89	Within 30 days after completion, a copy of the written review
90	shall be delivered to the United States Coast Guard, the
91	Regional Domestic Security Task Force, and the Domestic Security
92	Oversight Council.
93	(3)(4)  SECURE AND RESTRICTED AREAS.-Each seaport listed in
94	s. 311.09 must clearly designate in seaport security plans, and
95	clearly identify with appropriate signs and markers on the
96	premises of a seaport, all secure and restricted areas as
97	defined by the United States Department of Homeland Security-
98	United States Coast Guard Navigation and Vessel Inspection
99	Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
100	address access eligibility requirements and corresponding
101	security enforcement authorizations.
102	(a)  The seaport's security plan must set forth the
103	conditions and restrictions to be imposed on persons employed
104	at, doing business at, or visiting the seaport who have access
105	to secure and restricted areas which are sufficient to provide
106	substantial compliance with the minimum security standards
107	established in subsection (1) and federal regulations.
108	1.  All seaport employees and other persons working at the
109	seaport who have regular access to secure or restricted areas
110	must comply with federal access control regulations and state
111	criminal history checks as prescribed in this section.
112	2.  All persons and objects in secure and restricted areas
113	are subject to search by a sworn state-certified law enforcement
114	officer, a Class D seaport security officer certified under
115	Maritime Transportation Security Act of 2002 guidelines and s.
116	311.121, or an employee of the seaport security force certified
117	under the Maritime Transportation Security Act of 2002
118	guidelines and s. 311.121.
119	3.  Persons found in these areas without the proper
120	permission are subject to the trespass provisions of ss. 810.08
121	and 810.09.
122	(b)  As determined by the seaport director's most current
123	risk assessment under paragraph (3)(a), any secure or restricted
124	area that has a potential human occupancy of 50 persons or more,
125	any cruise terminal, or any business operation that is adjacent
126	to a public access area must be protected from the most probable
127	and credible terrorist threat to human life.
128	(b)(c)  The seaport must provide clear notice of the
129	prohibition against possession of concealed weapons and other
130	contraband material on the premises of the seaport. Any person
131	in a restricted area who has in his or her possession a
132	concealed weapon, or who operates or has possession or control
133	of a vehicle in or upon which a concealed weapon is placed or
134	stored, commits a misdemeanor of the first degree, punishable as
135	provided in s. 775.082 or s. 775.083. This paragraph does not
136	apply to active-duty certified federal or state law enforcement
137	personnel or persons so designated by the seaport director in
138	writing.
139	(c)(d)  During a period of high terrorist threat level, as
140	designated by the United States Department of Homeland Security
141	or the Department of Law Enforcement, or during an emergency
142	declared at a port by the seaport security director due to
143	events applicable to that particular seaport, the management or
144	controlling authority of the port may temporarily designate any
145	part of the seaport property as a secure or restricted area. The
146	duration of such designation is limited to the period in which
147	the high terrorist threat level is in effect or a port emergency
148	exists.
149	(5)  ACCESS ELIGIBILITY REPORTING SYSTEM.-Subject to
150	legislative appropriations, the Department of Law Enforcement
151	shall administer a statewide seaport access eligibility
152	reporting system.
153	(a)  The system must include, at a minimum, the following:
154	1.  A centralized, secure method of collecting and
155	maintaining fingerprints, other biometric data, or other means
156	of confirming the identity of persons authorized to enter a
157	secure or restricted area of a seaport.
158	2.  A methodology for receiving from and transmitting
159	information to each seaport regarding a person's authority to
160	enter a secure or restricted area of the seaport.
161	3.  A means for receiving prompt notification from a
162	seaport when a person's authorization to enter a secure or
163	restricted area of a seaport has been suspended or revoked.
164	4.  A means to communicate to seaports when a person's
165	authorization to enter a secure or restricted area of a seaport
166	has been suspended or revoked.
167	(b)  Each seaport listed in s. 311.09 is responsible for
168	granting, modifying, restricting, or denying access to secure
169	and restricted areas to seaport employees, other persons working
170	at the seaport, visitors who have business with the seaport, or
171	other persons regularly appearing at the seaport. Based upon the
172	person's criminal history check, each seaport may determine the
173	specific access eligibility to be granted to that person. Each
174	seaport is responsible for access eligibility verification at
175	its location.
176	(c)  Upon determining that a person is eligible to enter a
177	secure or restricted area of a port pursuant to subsections (6)
178	and (7), the seaport shall, within 3 business days, report the
179	determination to the department for inclusion in the system.
180	(d)  All information submitted to the department regarding
181	a person's access eligibility screening may be retained by the
182	department for subsequent use in promoting seaport security,
183	including, but not limited to, the review of the person's
184	criminal history status to ensure that the person has not become
185	disqualified for such access.
186	(e)  The following fees may not be charged by more than one
187	seaport and shall be paid by the seaport, another employing
188	entity, or the person being entered into the system to the
189	department or to the seaport if the seaport is acting as an
190	agent of the department for the purpose of collecting the fees:
191	1.  The cost of the state criminal history check under
192	subsection (7).
193	2.  A $50 fee to cover the initial cost of entering the
194	person into the system and an additional $50 fee every 5 years
195	thereafter to coincide with the issuance of the federal
196	Transportation Worker Identification Credential described in
197	subsection (6). The fee covers all costs for entering or
198	maintaining the person in the system including the retention and
199	use of the person's fingerprint, other biometric data, or other
200	identifying information.
201	3.  The seaport entering the person into the system may
202	charge an administrative fee to cover, but not exceed, the
203	seaport's actual administrative costs for processing the results
204	of the state criminal history check and entering the person into
205	the system.
206	(f)  All fees identified in paragraph (e) must be paid
207	before the person may be granted access to a secure or
208	restricted area. Failure to comply with the criminal history
209	check and failure to pay the fees are grounds for immediate
210	denial of access.
211	(g)  Persons, corporations, or other business entities that
212	employ persons to work or do business at seaports shall notify
213	the seaport of the termination, resignation, work-related
214	incapacitation, or death of an employee who has access
215	permission.
216	1.  If the seaport determines that the person has been
217	employed by another appropriate entity or is self-employed for
218	purposes of performing work at the seaport, the seaport may
219	reinstate the person's access eligibility.
220	2.  A business entity's failure to report a change in an
221	employee's work status within 7 days after the change may result
222	in revocation of the business entity's access to the seaport.
223	(h)  In addition to access permissions granted or denied by
224	seaports, access eligibility may be restricted or revoked by the
225	department if there is a reasonable suspicion that the person is
226	involved in terrorism or criminal violations that could affect
227	the security of a port or otherwise render the person ineligible
228	for seaport access.
229	(i)  Any suspension or revocation of port access must be
230	reported by the seaport to the department within 24 hours after
231	such suspension or revocation.
232	(j)  The submission of information known to be false or
233	misleading to the department for entry into the system is a
234	felony of the third degree, punishable as provided in s.
235	775.082, s. 775.083, or s. 775.084.
236	(4)(6)  ACCESS TO SECURE AND RESTRICTED AREAS.-
237	(a)  Any person seeking authorization for unescorted access
238	to secure and restricted areas of a seaport must possess, unless
239	waived under paragraph (7)(e), a valid federal Transportation
240	Worker Identification Credential (TWIC).
241	(b)  A seaport may not charge any fee for the
242	administration or production of any access control credential
243	that requires or is associated with a fingerprint-based
244	background check, in addition to the fee for the federal TWIC. A
245	seaport may issue its own seaport-specific access credential and
246	may charge a fee no greater than its actual administrative costs
247	for the production and issuance of the credential. and execute
248	an affidavit under oath which provides TWIC identification
249	information and indicates the following:
250	1.  The TWIC is currently valid and in full force and
251	effect.
252	2.  The TWIC was not received through the waiver process
253	for disqualifying criminal history allowed by federal law.
254	3.  He or she has not, in any jurisdiction, civilian or
255	military, been convicted of, entered a plea of guilty or nolo
256	contendere to, regardless of adjudication, or been found not
257	guilty by reason of insanity, of any disqualifying felony under
258	subsection (7) or any crime that includes the use or possession
259	of a firearm.
260	(b)  Upon submission of a completed affidavit as provided
261	in paragraph (a), the completion of the state criminal history
262	check as provided in subsection (7), and payment of all required
263	fees under subsection (5), a seaport may grant the person access
264	to secure or restricted areas of the port.
265	(c)  Any port granting a person access to secure or
266	restricted areas shall report the grant of access to the
267	Department of Law Enforcement for inclusion in the access
268	eligibility reporting system under subsection (5) within 3
269	business days.
270	(d)  The submission of false information on the affidavit
271	required by this section is a felony of the third degree,
272	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
273	Upon conviction for a violation of this provision, the person
274	convicted forfeits all privilege of access to secure or
275	restricted areas of a seaport and is disqualified from future
276	approval for access to such areas.
277	(e)  Any affidavit form created for use under this
278	subsection must contain the following statement in conspicuous
279	type: "SUBMISSION OF FALSE INFORMATION ON THIS AFFIDAVIT IS A
280	FELONY UNDER FLORIDA LAW AND WILL, UPON CONVICTION, RESULT IN
281	DISQUALIFICATION FOR ACCESS TO A SECURE OR RESTRICTED AREA OF A
282	SEAPORT."
283	(f)  Upon each 5-year renewal of a person's TWIC, the
284	person must submit another affidavit as required by this
285	subsection.
286	(7)  CRIMINAL HISTORY SCREENING.-A fingerprint-based
287	criminal history check must be performed on employee applicants,
288	current employees, and other persons authorized to regularly
289	enter a secure or restricted area, or the entire seaport if the
290	seaport security plan does not designate one or more secure or
291	restricted areas.
292	(a)  A person is disqualified from employment or unescorted
293	access if the person:
294	1.  Was convicted of, or entered a plea of guilty or nolo
295	contendere to, regardless of adjudication, any of the offenses
296	listed in paragraph (b) in any jurisdiction, civilian or
297	military, including courts-martial conducted by the Armed Forces
298	of the United States, during the 7 years before the date of the
299	person's application for access; or
300	2.  Was released from incarceration, or any supervision
301	imposed as a result of sentencing, for committing any of the
302	disqualifying crimes listed in paragraph (b) in any
303	jurisdiction, civilian or military, during the 5 years before
304	the date of the person's application for access.
305	(b)  Disqualifying offenses include:
306	1.  An act of terrorism as defined in s. 775.30.
307	2.  A violation involving a weapon of mass destruction or a
308	hoax weapon of mass destruction as provided in s. 790.166.
309	3.  Planting of a hoax bomb as provided in s. 790.165.
310	4.  A violation of s. 876.02 or s. 876.36.
311	5.  A violation of s. 860.065.
312	6.  Trafficking as provided in s. 893.135.
313	7.  Racketeering activity as provided in s. 895.03.
314	8.  Dealing in stolen property as provided in s. 812.019.
315	9.  Money laundering as provided in s. 896.101.
316	10.  Criminal use of personal identification as provided in
317	s. 817.568.
318	11.  Bribery as provided in s. 838.015.
319	12.  A violation of s. 316.302, relating to the transport
320	of hazardous materials.
321	13.  A forcible felony as defined in s. 776.08.
322	14.  A violation of s. 790.07.
323	15.  Any crime that includes the use or possession of a
324	firearm.
325	16.  A felony violation for theft as provided in s.
326	812.014.
327	17.  Robbery as provided in s. 812.13.
328	18.  Burglary as provided in s. 810.02.
329	19.  Any violation involving the sale, manufacture,
330	delivery, or possession with intent to sell, manufacture, or
331	deliver a controlled substance.
332	20.  Any offense under the laws of another jurisdiction
333	that is similar to an offense listed in this paragraph.
334	21.  Conspiracy or attempt to commit any of the offenses
335	listed in this paragraph.
336	(c)  Each individual who is subject to a criminal history
337	check shall file a complete set of fingerprints taken in a
338	manner acceptable to the Department of Law Enforcement for state
339	processing. The results of the criminal history check must be
340	reported to the requesting seaport and may be shared among
341	seaports.
342	(d)  All fingerprints submitted to the Department of Law
343	Enforcement shall be retained by the department and entered into
344	the statewide automated fingerprint identification system
345	established in s. 943.05(2)(b) and available for use in
346	accordance with s. 943.05(2)(g) and (h). An arrest record that
347	is identified with the retained fingerprints of a person subject
348	to the screening shall be reported to the seaport where the
349	person has been granted access to a secure or restricted area.
350	If the fingerprints of a person who has been granted access were
351	not retained, or are otherwise not suitable for use by the
352	department, the person must be refingerprinted in a manner that
353	allows the department to perform its functions as provided in
354	this section.
355	(e)  The Department of Law Enforcement shall establish a
356	waiver process for a person who does not have a TWIC, obtained a
357	TWIC though a federal waiver process, or is found to be
358	unqualified under paragraph (a) and denied employment by a
359	seaport or unescorted access to secure or restricted areas. If
360	the person does not have a TWIC and a federal criminal history
361	record check is required, the Department of Law Enforcement may
362	forward the person's fingerprints to the Federal Bureau of
363	Investigation for a national criminal history record check. The
364	cost of the national check must be paid by the seaport, which
365	may collect it as reimbursement from the person.
366	1.  Consideration for a waiver shall be based on the
367	circumstances of any disqualifying act or offense, restitution
368	made by the individual, and other factors from which it may be
369	determined that the individual does not pose a risk of engaging
370	in any act within the public seaports regulated under this
371	chapter that would pose a risk to or threaten the security of
372	the seaport and the public's health, safety, or welfare.
373	2.  The waiver process begins when an individual who has
374	been denied initial employment within or denied unescorted
375	access to secure or restricted areas of a public seaport submits
376	an application for a waiver and a notarized letter or affidavit
377	from the individual's employer or union representative which
378	states the mitigating reasons for initiating the waiver process.
379	3.  Within 90 days after receipt of the application, the
380	administrative staff of the Parole Commission shall conduct a
381	factual review of the waiver application. Findings of fact shall
382	be transmitted to the department for review. The department
383	shall make a copy of those findings available to the applicant
384	before final disposition of the waiver request.
385	4.  The department shall make a final disposition of the
386	waiver request based on the factual findings of the
387	investigation by the Parole Commission. The department shall
388	notify the waiver applicant of the final disposition of the
389	waiver.
390	5.  The review process under this paragraph is exempt from
391	chapter 120.
392	6.  By October 1 of each year, each seaport shall report to
393	the department each instance of denial of employment within, or
394	access to, secure or restricted areas, and each instance waiving
395	a denial occurring during the last 12 months. The report must
396	include the identity of the individual affected, the factors
397	supporting the denial or waiver, and any other material factors
398	used to make the determination.
399	(f)  In addition to the waiver procedure established by the
400	Department of Law Enforcement under paragraph (e), each seaport
401	security plan may establish a procedure to appeal a denial of
402	employment or access based upon procedural inaccuracies or
403	discrepancies regarding criminal history factors established
404	pursuant to this subsection.
405	(g)  Each seaport may allow immediate waivers on a
406	temporary basis to meet special or emergency needs of the
407	seaport or its users. Policies, procedures, and criteria for
408	implementation of this paragraph must be included in the seaport
409	security plan. All waivers granted by the seaports pursuant to
410	this paragraph must be reported to the department within 30 days
411	after issuance.
412	(8)  WAIVER FROM SECURITY REQUIREMENTS.-The Office of Drug
413	Control and the Department of Law Enforcement may modify or
414	waive any physical facility requirement or other requirement
415	contained in the minimum security standards upon a determination
416	that the purposes of the standards have been reasonably met or
417	exceeded by the seaport requesting the modification or waiver.
418	An alternate means of compliance must not diminish the safety or
419	security of the seaport and must be verified through an
420	extensive risk analysis conducted by the seaport director.
421	(a)  Waiver requests shall be submitted in writing, along
422	with supporting documentation, to the Office of Drug Control and
423	the Department of Law Enforcement. The office and the department
424	have 90 days to jointly grant or reject the waiver, in whole or
425	in part.
426	(b)  The seaport may submit any waivers that are not
427	granted or are jointly rejected to the Domestic Security
428	Oversight Council for review within 90 days. The council shall
429	recommend that the Office of Drug Control and the Department of
430	Law Enforcement grant the waiver or reject the waiver, in whole
431	or in part. The office and the department shall give great
432	weight to the council's recommendations.
433	(c)  A request seeking a waiver from the seaport law
434	enforcement personnel standards established under s. 311.122(3)
435	may not be granted for percentages below 10 percent.
436	(d)  Any modifications or waivers granted under this
437	subsection shall be noted in the annual report submitted by the
438	Department of Law Enforcement pursuant to subsection (10).
439	(5)(9)  INSPECTIONS.-It is the intent of the Legislature
440	that the state's seaports adhere to security practices that are
441	consistent with the risks assigned to each seaport through the
442	ongoing risk assessment process established in paragraph
443	(2)(3)(a).
444	(a)  The Department of Law Enforcement, or any entity
445	designated by the department, may shall conduct at least one
446	annual unannounced inspections inspection of each seaport to
447	determine whether the seaport is meeting the requirements under
448	33 C.F.R. s. 105.305 minimum security standards established
449	pursuant to subsection (1) and to identify seaport
450	changes or improvements needed or otherwise recommended.
451	(b)  The Department of Law Enforcement, or any entity
452	designated by the department, may conduct additional announced
453	or unannounced inspections or operations within or affecting any
454	seaport to test compliance with, or the effectiveness of,
455	security plans and operations at each seaport, to determine
456	compliance with physical facility requirements and standards, or
457	to assist the department in identifying changes or improvements
458	needed to bring a seaport into compliance with minimum security
459	standards.
460	(c)  Within 30 days after completing the inspection report,
461	the department shall submit a copy of the report to the Domestic
462	Security Oversight Council.
463	(d)  A seaport may request that the Domestic Security
464	Oversight Council review the findings in the department's report
465	as they relate to the requirements of this section. The council
466	may review only those findings that are in dispute by the
467	seaport. In reviewing the disputed findings, the council may
468	concur in the findings of the department or the seaport or may
469	recommend corrective action to the seaport. The department and
470	the seaport shall give great weight to the council's findings
471	and recommendations.
472	(e)  All seaports shall allow the Department of Law
473	Enforcement, or an entity designated by the department,
474	unimpeded access to affected areas and facilities for the
475	purpose of plan or compliance inspections or other operations
476	authorized by this section.
477	(6)(10)  REPORTS.-The Department of Law Enforcement, in
478	consultation with the Office of Drug Control, shall annually
479	complete a report indicating the observations and findings of
480	all reviews, inspections, or other operations relating to the
481	seaports conducted during the year and any recommendations
482	resulting from such reviews, inspections, and operations. A copy
483	of the report shall be provided to the Governor, the President
484	of the Senate, the Speaker of the House of Representatives, the
485	governing body of each seaport or seaport authority, and each
486	seaport director. The report must include each director's
487	response indicating what actions, if any, have been taken or are
488	planned to be taken pursuant to the observations, findings, and
489	recommendations reported by the department.
490	(7)(11)  FUNDING.-
491	(a)  In making decisions regarding security projects or
492	other funding applicable to each seaport listed in s. 311.09,
493	the Legislature may consider the Department of Law Enforcement's
494	annual report under subsection (6) (10) as authoritative,
495	especially regarding each seaport's degree of substantial
496	compliance with the minimum security standards established in
497	subsection (1).
498	(b)  The Legislature shall regularly review the ongoing
499	costs of operational security on seaports, the impacts of this
500	section on those costs, mitigating factors that may reduce costs
501	without reducing security, and the methods by which seaports may
502	implement operational security using a combination of sworn law
503	enforcement officers and private security services.
504	(c)  Subject to the provisions of this chapter and
505	appropriations made for seaport security, state funds may not be
506	expended for security costs without certification of need for
507	such expenditures by the Office of Ports Administrator within
508	the Department of Law Enforcement.
509	(d)  If funds are appropriated for seaport security, the
510	Office of Drug Control, the Department of Law Enforcement, and
511	the Florida Seaport Transportation and Economic Development
512	Council shall mutually determine the allocation of such funds
513	for security project needs identified in the approved seaport
514	security plans. Any seaport that receives state funds for
515	security projects must enter into a joint participation
516	agreement with the appropriate state entity and use the seaport
517	security plan as the basis for the agreement.
518	1.  If funds are made available over more than 1 fiscal
519	year, the agreement must reflect the entire scope of the project
520	approved in the security plan and, as practicable, allow for
521	reimbursement for authorized projects over more than 1 year.
522	2.  The agreement may include specific timeframes for
523	completion of a security project and the applicable funding
524	reimbursement dates. The agreement may also require a
525	contractual penalty of up to $1,000 per day to be imposed for
526	failure to meet project completion dates if state funding is
527	available. Any such penalty shall be deposited into the State
528	Transportation Trust Fund and used for seaport security
529	operations and capital improvements.
530	Section 2.  Subsection (2) of section 311.121, Florida
531	Statutes, is amended to read:
532	311.121  Qualifications, training, and certification of
533	licensed security officers at Florida seaports.-
534	(2)  The authority or governing board of each seaport
535	identified under s. 311.09 that is subject to the statewide
536	minimum seaport security standards referenced established in s.
537	311.12 shall require that a candidate for certification as a
538	seaport security officer:
539	(a)  Has received a Class D license as a security officer
540	under chapter 493.
541	(b)  Has successfully completed the certified training
542	curriculum for a Class D license or has been determined by the
543	Department of Agriculture and Consumer Services to have
544	equivalent experience as established by rule of the department.
545	(c)  Has completed the training or training equivalency and
546	testing process established by this section for becoming a
547	certified seaport security officer.
548	Section 3.  Subsection (1) of section 311.123, Florida
549	Statutes, is amended to read:
550	311.123  Maritime domain security awareness training
551	program.-
552	(1)  The Florida Seaport Transportation and Economic
553	Development Council, in conjunction with the Department of Law
554	Enforcement and the Office of Drug Control within the Executive
555	Office of the Governor, shall create a maritime domain security
556	awareness training program to instruct all personnel employed
557	within a seaport's boundaries about the security procedures
558	required of them for implementation of the seaport security plan
559	required under s. 311.12(2)(3).
560	Section 4.  Subsection (1) of section 311.124, Florida
561	Statutes, is amended to read:
562	311.124  Trespassing; detention by a certified seaport
563	security officer.-
564	(1)  Any Class D or Class G seaport security officer
565	certified under the federal Maritime Transportation Security Act
566	of 2002 guidelines and s. 311.121 or any employee of the seaport
567	security force certified under the federal Maritime
568	Transportation Security Act of 2002 guidelines and s. 311.121
569	who has probable cause to believe that a person is trespassing
570	pursuant to s. 810.08 or s. 810.09 or this chapter in a
571	designated secure or restricted area pursuant to s. 311.12(3)(4)
572	is authorized to detain such person in a reasonable manner for a
573	reasonable period of time pending the arrival of a law
574	enforcement officer, and such action does not render the
575	security officer criminally or civilly liable for false arrest,
576	false imprisonment, or unlawful detention.
577	Section 5.  Section 311.115, Florida Statutes, is repealed.
578	Section 6.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.